New York A 8301: Relates to guardians of persons who are intellectually and developmentally disabled; and repeals certain provisions of the surrogate's court procedure act relating thereto

Bill Text

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A08301 Summary:

BILL NOA08301 

&nbsp

SAME ASNo Same As

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SPONSORLavine

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COSPNSRHevesi, Berger, Steck, Paulin, McMahon, Santabarbara

&nbsp

MLTSPNSR

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Rpld §§1750, 1755 & 1759, amd SCPA, generally

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Relates to guardians of persons who are intellectually and developmentally disabled; repeals certain provisions relating thereto.

Go to top A08301 Actions:

BILL NOA08301 

&nbsp

05/12/2025referred to judiciary

01/07/2026referred to judiciary

05/18/2026reported referred to codes

05/20/2026reported referred to ways and means

Go to topA08301 Committee&nbspVotes:

Committee:JUDICIARY Chair:Lavine 
DATE:05/18/2026AYE/NAY:19/0 Action: Favorable refer to committee Codes LavineAyeTannousisAye

WeprinAyeWalshAye

BraunsteinAyeBrownAye

SteckAyeMikulinExcused

SeawrightAyeSmithAye

WalkerAyeMolitorAye

McMahonAye

MitaynesAye

RajkumarAye

SimonAye

SayeghExcused

LunsfordAye

BergerAye

ShimskyAye

CarrollAye

Committee:CODES Chair:Dinowitz 
DATE:05/20/2026AYE/NAY:18/0 Action: Favorable refer to committee Ways and Means DinowitzAyeMorinelloAye

PowersAyeReillyAye

LavineAyeMikulinExcused

WeprinAyeTannousisExcused

HevesiAyeAngelinoAye

SeawrightAyeMolitorAye

RosenthalAye

WalkerAye

VanelAye

CruzAye

BoresExcused

ReyesAbsent

CunninghamAye

RomeroAye

AlvarezAye

TaylorAye

Go to topA08301 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08301 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8301

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 12, 2025
 ___________

 Introduced by M. of A. LAVINE -- (at request of the Unified Court
 System) -- read once and referred to the Committee on Judiciary

 AN ACT to amend the surrogate's court procedure act, in relation to
 guardians of persons who are intellectually and developmentally disa-
 bled; and to repeal certain provisions of such law relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 1750 of the surrogate's court procedure act is
 2 REPEALED and a new section 1750 is added to read as follows:
 3 § 1750. Definitions
 4 When used in this article:
 5 1. "Developmental disability" shall mean a developmental disability
 6 within the meaning of subdivision twenty-two of section 1.03 of the
 7 mental hygiene law.
 8 2. "Traumatic brain injury" shall mean an injury, as defined in
 9 section twenty-seven hundred forty-one of the public health law, which
 10 originated before the age of twenty-two.
 11 3. "Respondent" shall mean an individual listed in the petition as
 12 alleged to have a developmental disability or traumatic brain injury, as
 13 defined in this section.
 14 § 2. Section 1750-a of the surrogate's court procedure act, as amended
 15 by chapter 198 of the laws of 2016, is amended to read as follows:
 16 § 1750-a. Guardianship of persons [who are developmentally disabled]
 17 with a developmental disability or traumatic brain injury
 18 1. When it shall appear to the satisfaction of the court [that a
 19 person is a person who is developmentally disabled, the court is author-
 20 ized to appoint a guardian of the person or of the property or of both
 21 if such appointment of a guardian or guardians is in the best interest
 22 of the person who is developmentally disabled. Such appointments shall
 23 be made pursuant to the provisions of this article, provided however
 24 that the provisions of section seventeen hundred fifty of this article

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09902-02-5

 A. 8301 2

 1 shall not apply to the appointment of a guardian or guardians of a
 2 person who is developmentally disabled. For the purposes of this arti-
 3 cle, a person who is developmentally disabled is a person who has been
 4 certified by one licensed physician and one licensed psychologist, or by
 5 two licensed physicians at least one of whom is familiar with or has
 6 professional knowledge in the care and treatment of persons with devel-
 7 opmental disabilities, having qualifications to make such certification,
 8 as having an impaired ability to understand and appreciate the nature
 9 and consequences of decisions which r